[Federal Register Volume 62, Number 170 (Wednesday, September 3, 1997)]
[Notices]
[Pages 46492-46493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23353]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5886-8]


Proposed Settlement Agreement; Ozone Nonattainment Areas; 
Determination of Air Quality for Phoenix, AZ

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement.

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SUMMARY: In accordance with Section 113(g) of the Clean Air Act 
(``Act''), as

[[Page 46493]]

amended, 42 U.S.C. 7413(g), notice is hereby given of a proposed 
settlement agreement concerning litigation instituted against the 
Environmental Protection Agency (``EPA'') by the Arizona Center for Law 
in the Public Interest. The lawsuit concerns EPA's alleged failure to 
perform a nondiscretionary duty with respect to determining whether the 
Phoenix, Arizona ozone nonattainment area has timely attained the 
national ambient air quality standard (``NAAQS'') for ozone, and if the 
area has not, to publish that determination in the Federal Register. 
The settlement commits EPA to a schedule for making the determination 
as to whether the area attained the NAAQS, except that EPA is not 
obligated to make this determination if, instead, EPA determines that 
the area is eligible for an attainment date extension. If EPA 
determines that Phoenix failed to attain the ozone NAAQS as of the end 
of 1996, Phoenix will be reclassified, by operation of law, from a 
Moderate ozone nonattainment area to a Serious nonattainment area.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will receive written comments relating to 
the settlement agreement. EPA or the Department of Justice may withhold 
or withdraw consent to the proposed settlement agreement if the 
comments disclose facts or circumstances that indicate that such 
consent is inappropriate, improper, inadequate, or inconsistent with 
the requirements of the Act.
    Copies of the settlement agreement are available from Phyllis 
Cochran, Air and Radiation Division (2344), Office of General Counsel, 
U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460, (202) 260-7606. Written comments should be sent to Howard J. 
Hoffman at the above address and must be submitted on or before October 
3, 1997.

    Dated: August 21, 1997.
Scott C. Fulton,
Acting General Counsel.
[FR Doc. 97-23353 Filed 9-2-97; 8:45 am]
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